These Terms and Conditions were lasted updated in February 2026
Little Wins Terms and Conditions
1. Acceptance of Terms of Service
1.1 By downloading, installing or otherwise using the Little Wins application (App) the user agrees to
be bound by these Terms and Conditions as amended from time to time (Terms and Conditions).
1.2 These Terms and Conditions create an agreement between the user and Drake, Samuel Robert
(ABN 52 379 864 317) (Publisher) to use the App.
1.3 These Terms and Conditions are subject to wider governing laws including but not limited to the
Competition and Consumer Act 2010 (Cth) (Consumer Law) and other consumer protection laws
and regulations.
1.4 The contractual rights the user may be entitled to under these Terms and Conditions are provided
in addition to statutory rights the user is entitled to under the Consumer Law and other consumer
protection laws and regulations that are applicable in Australia.
1.5 Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy
conferred by Consumer Law or any other applicable law that cannot be excluded.
2. User Eligibility
2.1 The user may only download, install or otherwise use the App if:
2.1.1 the user is eighteen (18) years of age or older;
2.1.2 the user has the legal capacity to enter into a binding agreement;
2.1.3 the user is accessing the App for personal and non-commercial use; and
2.1.4 the user is not prohibited from using the App under any applicable laws and regulations.
2.2 By downloading, installing or otherwise using the App the user warrants and represents that the
user meets the eligibility requirements under clause 2.1.
2.3 In accordance with clause 2.1.1 the App is not intended for use by persons under the age of
eighteen (18). If the user is under the age of eighteen (18) the user must not download, install or
otherwise use the App.
These Terms and Conditions were lasted updated in February 2026
3. Limited Licence and Scope
3.1 Subject to the users’ ongoing compliance with these Terms and Conditions, the Publisher grants
to the user a limited, non-exclusive, non-transferable and revocable licence to download, install
or otherwise use the App on a compatible device that is owned by the user, solely for personal
and non-commercial use (Limited Licence).
3.2 This grant of the Limited Licence permits the user to:
3.2.1 access and use the App’s features and content as made available by the Publisher from
time to time; and
3.2.2 to use the App strictly in accordance with these Terms and Conditions and all applicable
laws.
3.3 No other rights are granted to the user, whether expressly or by implication.
3.4 Except for the grant of the Limited Licence, no right, title or interest in the App or the Publisher is
transferred to the user.
3.5 This Limited Licence will automatically terminate if the user breaches these Terms and
Conditions.
4. User Rights
4.1 Subject to the users’ compliance with these Terms and Conditions and to the payment terms
outlined in clause 6, in accordance with the Limited Licence granted under Condition 0 the user
is given access to:
4.1.1 the App for the sole intended purpose of a general mental health wellbeing support tool
(Intended Purpose); and
4.1.2 to view, interact with and complete the mental health wellbeing prompts, exercises and
reflections made available within the App from time to time.
5. Prohibited Conduct
5.1 The user must not and must not attempt to:
5.1.1 use the App for any unlawful, misleading, harmful or improper purpose;
5.1.2 use the App in a way that is inconsistent with the Intended Purpose;
These Terms and Conditions were lasted updated in February 2026
5.1.3 submit, upload, transmit or otherwise make available any content that is offensive,
abusive, defamatory, misleading or infringes with the rights of any third party or the
Intended Purpose of the App;
5.1.4 interfere with, disrupt, damage, or attempt to gain unauthorised access to the App, its
systems or its security features; or
5.1.5 represent that the App provides professional mental health services or that the user is
receiving such services through the App.
5.2 The Publisher may demand the user to terminate their access to the App without notice if it
reasonably believes, or if it becomes aware that the user is in breach of this condition 5, or if the
user is using the App in a manner which is inconsistent with these Terms and Conditions.
6. Paid Services and In App Purchases
6.1 The user acknowledges that the App uses a one-off payment model where the user is required
to pay a fee of Australian Dollars (AUD) set by the Publisher to use the App and all of its content
at the time of payment (Fee).
6.2 The user is entitled to a seven (7) day free trial which commences on the day in which the user
downloads and accesses the App (Free Trial).
6.3 Once the Free Trial has concluded the Fee is payable in full at the time of purchase.
6.4 Payment of the Fee grants the user access to the App’s content at the time of payment of the Fee
in accordance with these Terms and Conditions.
6.5 No ongoing subscription or recurring payments are required to download, install or otherwise use
the App unless expressly stated otherwise.
6.6 Payment of the Fee is processed through the applicable platform in which the user downloads or
installs the App, or its nominated third party payment processor.
6.7 The user acknowledges that:
6.7.1 the Publisher does not require users to create an account and does not intentionally collect
personal information through the App’s core functionality.;
6.7.2 all Fee transactions are handled in accordance with the terms, conditions and privacy
policies of the platform in which the user downloaded and installed the App or that
platforms third party provider; and
These Terms and Conditions were lasted updated in February 2026
6.7.3 the Publisher has no control over, and is not responsible for, the security of processing
payments conducted by third party providers.
6.8 All Fees on the App are stated in AUD unless expressly stated otherwise and are inclusive of any
applicable goods and services tax (GST) unless the platform in which the user downloads or
installs the App determines otherwise.
6.9 Except as is required by law, the Fee is non-refundable including where the user chooses to not
use the App after payment of the Fee or where the user’s access to the App is terminated due to
a breach of these Terms and Conditions or wider governing laws.
6.10 Any refund request must be made through the relevant platform of download or installation’s
policies and procedures and such a request will be decided in accordance with those platforms
terms, conditions, policies and procedures.
6.11 The Publisher may change the Fee for future users or for future versions of the App and such
change will not affect the user’s access to the App where the user has made payment of the Fee
prior to the change in the Fee.
7. Privacy
7.1 For more information relating to the privacy practices of the App the user is directed to the App’s
Privacy Policy which is available at the time of download or installation of the App.
8. Wellness Disclaimer
8.1 The App is designed to support general mental wellbeing only. It does not, nor is it designed to
provide medical, psychiatric, psychological or therapeutic advice, diagnosis or treatment.
8.2 The user acknowledges and agrees that
8.2.1 the App is not a substitute for professional mental health care;
8.2.2 the App is not suitable for crisis situations including where the user or another individual
is experiencing suicidal thoughts, self-harm ideation or where the user or another
individual requires urgent assistance; and
8.3 The user acknowledges and agrees that they or any other individual who requires assistance,
should seek immediate help from a qualified healthcare professional or emergency services
provider if the user or another individual is in distress or at risk.
8.4 The Publisher does not monitor user input or responses and cannot respond to emergencies.
These Terms and Conditions were lasted updated in February 2026
9. Platform Acknowledgment
9.1 The user acknowledges and agrees that these Terms and Conditions are concluded between the
user and the Publisher only, and not with Apple Inc. (Apple) or Google LLC (Google) (each a
Platform Provider).
9.2 The Publisher, and not the relevant Platform Provider, is solely responsible for:
9.2.1 the App and its content;
9.2.2 the maintenance and support of the App;
9.2.3 any warranties (whether express or implied) relating to the App; and
9.2.4 addressing any claims by the user or any third party relating to the App, including but not
limited to product liability claims, regulatory compliance claims and intellectual property
infringement claims.
9.3 To the maximum extent permitted by law, each Platform Provider has no obligation whatsoever
to provide any maintenance or support services with respect to the App.
9.4 The user acknowledges and agrees that:
9.4.1 the relevant Platform Provider is not responsible for examining or evaluating the App or its
content; and
9.4.2 the relevant Platform Provider does not warrant and will not have any liability to the user
in respect of the App or these Terms and Conditions.
9.5 The user agrees to comply with all applicable third-party terms of agreement when using the App,
including any applicable terms of the relevant Platform Provider.
9.6 The user acknowledges and agrees that the relevant Platform Provider and its subsidiaries are
third-party beneficiaries of these Terms and Conditions, and that upon the user’s acceptance of
these Terms and Conditions, the relevant Platform Provider will have the right (and will be deemed
to have accepted the right) to enforce these Terms and Conditions against the user as a thirdparty
beneficiary.
10. Limitation of Liability and Indemnification
10.1 The user acknowledges that to the extent permitted by law, it uses the App at its own risk.
These Terms and Conditions were lasted updated in February 2026
10.2 The user acknowledges that the Publisher is not responsible for any loss, damage or harm
arising from the user’s access to or use of the App including but not limited to any reliance on
the App and its content.
10.3 The user agrees to indemnify the Publisher and its officers, employees, contractors and
licensors from and against any claims, demands, losses, damages, liabilities, costs or expenses
arising or in connection with:
10.3.1 the user’s access to and use of the App;
10.3.2 the user’s breach of these Terms and Conditions;
10.3.3 the user’s misuse of the App or use of the App for purposes beyond its Intended Purpose;
or
10.3.4 any claim that the user’s use of the App has caused harm to the user or to another person,
except to the extent caused by the Publisher’s breach of these Terms and Conditions or
wider governing laws.
11. Intellectual Property
All intellectual property rights in and to the App, including its software, content, design, structure, text,
graphics, prompts, exercises, trademarks and all other related material are owned or licensed by the
Publisher.
12. Changes to these Terms and Conditions
12.1 The Publisher may change or amend these Terms and Conditions from time to time (Amended
Terms and Conditions).
12.2 Where the Publisher does change or amend these Terms and Conditions it will take reasonable
steps to notify user by updating the Terms and Conditions within the App or via the relevant
platforming which the App is available for download or installation.
12.3 The Amended Terms and Conditions will take effect from the date they are published unless
expressly stated otherwise.
12.4 The user’s continued access to, or use of the App after the Amended Terms and Conditions
take effect constitutes the user’s acceptance of the Amended Terms and Conditions.
12.5 If the user does not agree to the Amended Terms and Conditions it acknowledges that it must
cease using the App.
These Terms and Conditions were lasted updated in February 2026
13. Severability
If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in
full force and effect.
14. Entire Agreement
These Terms constitute the entire agreement between the parties in relation to the App and supersede
all prior representations.
15. Jurisdiction
These Terms are governed by the laws of Victoria, Australia. The parties submit to the non-exclusive
jurisdiction of the courts of Victoria.
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